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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Labarbera v. Malec, 540 S.W.3d 903 (2018)

Citation
Labarbera v. Malec, 540 S.W.3d 903 (2018)
Parent Document
Labarbera v. Malec, 540 S.W.3d 903 (2018)
Jurisdiction
Missouri (state)
Effective Date
2018-03-06

Full Text

1,002 chars
See § 537.021. All references to statutes are to RSMo (2000) unless otherwise indicated. Section 537.021 authorizes the appointment of a defendant ad litem in actions for damages in which the real party in interest is a deceased wrongdoer's liability insurer. Travis v. Contico Int'l, Inc. , 928 S.W.2d 367, 370 (Mo. App. E.D. 2013). The purpose of § 537.021 is to substitute the defendant ad litem for the formerly-required administrator of the estate where the liability insurer is the "real defendant." State ex rel. Hune v. Ryan , 771 S.W.2d 831, 832 (Mo. banc 1989). Any judgment against the defendant ad litem is binding on the insurer of the deceased wrongdoer to the same extent as if a personal representative had acted as the legal representative of the deceased wrongdoer. Litton v. Kornbrust , 85 S.W.3d 110, 117 (Mo. App. W.D. 2002). The defendant ad litem is merely a nominal defendant acting as a legal representative for the insured, and the liability insurer is the real defendant. Id.